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Roe v. Wade and The Liberals Who Criticize It

Here are typical criticisms of Roe—from liberals who support a right to abortion:

“What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-à-vis the interest that legislatively prevailed over it.… At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking. John Hart Ely, The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 Yale L.J. 920, 935-937 (1973).

“One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” Laurence H. Tribe, The Supreme Court, 1972 Term—Foreword: Toward a Model of Roles in the Due Process of Life and Law, 87 Harv. L. Rev. 1, 7 (1973).

“As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible.” “Justice Blackmun’s opinion provides essentially no reasoning in support of its holding. And in the almost 30 years since Roe’s announcement, no one has produced a convincing defense of Roe on its own terms.” Edward Lazarus, The Lingering Problems with Roe v. Wade, and Why the Recent Senate Hearings on Michael McConnell’s Nomination Only Underlined Them, Oct. 3, 2002 (at http://writ.corporate.findlaw.com/lazarus/20021003.html). (Mr. Lazarus was a law clerk to Blackmun and describes himself as “someone utterly committed to the right to choose [abortion]” and as “someone who loved Roe’s author like a grandfather.”)

“[Roe’s] failure to confront the issue in principled terms leaves the opinion to read like a set of hospital rules and regulations…. Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice Blackmun are part of the Constitution.” Archibald Cox, The Role of the Supreme Court in American Government 113-114 (1976).

Roe “is a lousy opinion that disenfranchised millions of conservatives on an issue about which they care deeply.” Benjamin Wittes, Letting Go of Roe, The Atlantic Monthly, Jan/Feb 2005.

Do read that entire testimony for yourselves. It's quite lucid and lawyerly, but easy for even laymen/non-lawyers to read.

While it's not news to those of us who do read both sides of the (legal/moral/whatever) argument, Roe v. Wade is basically unconstitutional. The same way slavery and racial persecution were, and and were eventually overturned, once the Supreme Court recognized the errors of its previous decisions in those matters.

"After Abortion,...run by Emily Peterson and Annie Banno, two women who had abortions in the 1970s, ...tries to avoid the political tug-of-war that tends to come with this turf. They concentrate instead on discussing the troubling personal effects of abortion on the mothers." ~ Eric Scheske, Godspy contributing editor, in NC Register's "Signs of Life in the Blogosphere", 2/2006

"I would now like to say a special word to women who have had an abortion...[many are] aware of the many factors which may have influenced your decision, and [do] not doubt that it was a painful and even shattering decision. The wound in your heart may not yet have healed. Certainly what happened was and remains terribly wrong. But do not give in to discouragement and do not lose hope. Try rather to understand what happened and face it honestly. If you have not already done so, give yourselves over with humility and trust to repentance. The Father of mercies is ready to give you his forgiveness and his peace...You will come to understand that nothing is definitively lost and you will also be able to ask forgiveness from your child..."

Tongue-In-Cheek

Misc.

Syndicates

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